MBUGUA NJOROGE V. CHEGE NJOROGE & 7 OTHERS

JUDGMENT OF THE COURT

This is an appeal by the defendant from the judgement of the superior Court (Owuor, J.) in which she entered judgment for the plaintiffs (respondents) and declared that the defendant holds the land parcel Gatamayu/Gachoire/592 (the suit property) in trust for himself and the plaintiffs equally and that the same should be distributed between the plaintiffs and the defendant in equal shares.

The facts which give rise to the appeal are that the plaintiffs claim 5.7 acres, the suit property, on the basis that the defendant holds the same in trust for himself and all the plaintiffs although during the land consolidation the defendant was registered as the sole proprietor of the suit property. The defendant denies he plaintiffs’ claim and asserts that he was the sole proprietor of the suit property. At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defe…